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Stow planning staff previews zoning‑code rewrite changes aimed at reducing routine variances

2997660 · April 15, 2025
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Summary

Planning staff presented draft zoning‑code language proposing a new formula for accessory‑structure allowances, an administrative waiver for minor variances and clarifications to fence rules; staff said the changes aim to reduce routine BZA appeals.

Planning Department staff on April 14 presented draft language for a comprehensive zoning‑code rewrite that would change how accessory‑structure area is calculated and clarify fence and height rules for residential lots.

Sarah (Planning Department staff) told the Board of Zoning Appeals the proposed accessory‑structure allowance would be calculated by multiplying lot acreage by 800 and then adding 400 (acre*800 + 400), capped at a 4,000‑square‑foot maximum. Under that formula a 0.49‑acre lot that currently is limited to 500 sq ft would move to roughly 720 sq ft; a 0.5‑acre lot would remain at 800 sq ft. Staff said the intent is to scale allowed accessory size more smoothly with lot area so that many small, routine variances would no longer be necessary.

Staff also described a proposed administrative waiver that would allow the planning director (or designee) to approve modest deviations without a formal BZA application — for example very small setbacks or one‑foot accessory‑setback variances — to reduce BZA caseload. Sarah said the waiver would be tied to a percentage of the allowed size and would still require staff review of setbacks and site conditions.

On fences, staff proposed clearer definitions for front yard vs. street‑side yard on corner and through lots, a measured opacity standard for vision‑impairing fences, and an explicit materials list that would prohibit barbed wire, electrified fencing and similar materials. Staff indicated the draft also clarifies sight‑distance triangles at intersections and retains the board’s ability to require additional right‑of‑way setbacks in specific corner‑lot cases.

Why it matters If adopted, the proposed formula and administrative waiver would reduce the number of small variances routed to the BZA, allowing the board to focus on larger or more contentious requests. The draft also aims to reduce ambiguity that currently generates questions at hearings — for example what counts as a vision‑impairing fence and how corner‑lot yards are classified.

What staff said Sarah summarized the existing code steps (500 sq ft for lots <0.5 acre; 800 sq ft for 0.5–1 acre; 1,200/1,500 for lots >1 acre) and said the new formula would create a steady increase in allowed size with acreage and preserve a 4,000‑sq‑ft maximum. She told the board, “Most of our variances that we saw tonight would not need a variance under this.”

Board response and next steps Board members asked for examples and confirmed that the proposed administrative waiver would only cover modest deviations; staff said they expect to circulate chapter drafts to the board and stakeholders and hold steering‑committee meetings in May for additional review. Staff emphasized that applicants can choose to pursue current approvals now or wait for the new code but cautioned that timing and final language cannot be guaranteed.

Ending Staff said more draft chapters and public outreach will follow; the rewrite remains in review with consultant input and internal line‑by‑line comparisons before formal public hearings.